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2023 Supreme(Guj) 700

BHARGAV D. KARIA
Yogashram Cooperative Housing Society Ltd. – Appellant
Versus
Ashish Kiritkumar Purani – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR KAMAL TRIVEDI, SENIOR ADVOCATE WITH MR RAVINDRA SHAH
For the Respondent: MR MIHIR JOSHI WITH MR JAY KANSARA FOR M/S WADIAGHANDY AND CO

JUDGMENT :

1. Heard learned Senior Advocate Mr. Kamal Trivedi with learned advocate Mr. Ravindra Shah for the petitioner and learned Senior Advocate Mr. Mihir Joshi with learned advocate Mr. Jay Kansara for the respondents.

2. Special Civil Application No.17081/2021 is filed by the petitioner society with the following prayers:

    “(A) to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned judgment dated 18.10.2021 passed by the Gujarat State Co-operative Tribunal at Annexure-AB (Pages 396-422) to the petition in so far as it permits the respondents to make construction of ground + seven floors on sub plot 32/A of the petitioner society and the impugned award and operative part of the judgment dated 30.08.2019 rendered by the board of nominees, Amdavad in Lavad Suit 217/2017 at Annexure-S (Pages 251-275/B) to the petition and allow the Lavad Suit 217/2017 in toto by granting all the reliefs prayed for by the petitioner society;

    (B) pending hearing and final disposal of the petition, to restrain the Respondents, their agents, assigns, servants, whosoever etc. from carrying on erection or execution of construction of whatsoeve

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